Examining the jurisprudential foundations of the rule of respect and its role in the obligation to pay women's dowry immediately

Norian, Abolfazl; Jahani, Aliakbar

doi:10.22034/jml.2026.2081213.1588

Examining the jurisprudential foundations of the rule of respect and its role in the obligation to pay women's dowry immediately

Articles in Press

Document Type : Original Article

Authors

Abolfazl Norian ¹

Aliakbar jahani ²

¹ دانشجوی دکتری رشته فقه و حقوق دانشگاه مازندران ایران ، طلبه سطح 4 حوزه علمیه قم

² Associate Professor of the Department of Fiqh and Foundations of Islamic Law, Mazandaran University, Babolsar, Iran.

10.22034/jml.2026.2081213.1588

Abstract

Dowry is defined as a woman's legal and religious right in religious and legal sources, which the man must pay to the woman as soon as the marriage contract or marital act is concluded. Delay and negligence in paying it, according to the documents of the jurisprudential rule of respect, such as the narration of Imam Sadiq (AS) "It is not right to take away the right of anyone" and the famous prophetic saying "The sanctity of his property is like the sanctity of his blood", will result in the man being entitled to punishment in the hereafter and worldly liability. Failure to pay the dowry or disposing of the property that was given to her as a dowry without her permission is a clear violation of the jurisprudential rule of respect, and the man must pay this debt at the earliest opportunity or separate the woman's share and avoid any interference with it. Based on the documents of the rule of respect, these actions of the man must be taken immediately and without delay; Therefore, if the man's negligence in paying the dowry causes damage and loss to the woman, he is obligated to compensate for it.

Keywords

Jurisprudential rule of respect

dowry

family protection law

right of detention

Subjects